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Gambling Initiative Approved for Idaho Ballot

29 August 2002

IDAHO – As reported by the Spokesman-Review: "The Idaho Supreme Court unanimously agreed Wednesday to send the Indian gaming initiative to state voters this fall.

"But the court did not decide the larger issue of whether the gaming operations violate state law, setting up another likely court battle if voters approve the initiative in November.

"The court dismissed a request from gambling foes to block the initiative from the ballot, upholding citizens' rights to form laws.

"`This Court should not interfere with the initiative process ... just as it should not interfere with the legislative process of the Legislature of the State of Idaho,' wrote Justice Wayne Kidwell in the decision.

"…Former Supreme Court Justice Robert Bakes, an attorney for an anti-gambling group, said sending the measure to a vote will waste state money.

"…The initiative, scheduled to appear as Proposition 1 on the November ballot, would clearly legalize existing electronic gambling machines on Indian reservations in Idaho. The measure also would limit future increases in the number of the electronic machines, essentially barring major expansions of the tribe's casinos.

"The tribes operate current gaming business under a 1992 state constitutional amendment. But opponents have questioned whether the machines are legal under the amendment, leading the tribes to propose the initiative…"

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